California Employment Law
Have California Employment Law Questions? Ask a Lawyer.
Hello again, Dan.Pursuant to state and federal law, if an employee requests a reasonable accommodation that is not an undue hardship to the employer (which usually means it is too costly), the employer must provide the reasonable accommodation to the employer.Since it sounds as though you do have a disability, the ADA would typically provide this protection. If the employer could reasonably cover the additional 1 day that you are not able to work without incurring extraordinary costs, they would typically be required by the ADA to provide the requested accommodation in your work schedule (4 days instead of 5 per week).Since they have been providing it, that would normally indicate that it is NOT an undue hardship unless their circumstances (customer needs) have recently changed significantly.If the employer refuses to provide the requested accommodation (which should be made in writing and retain a copy of it for your records), then it would be best to promptly retain a local attorney to represent you in resolving this matter.If the attorney is not successful in resolving the matter, then a charge of discrimination should normally be filed with the EEOC/state Fair Employment and Housing Commission.Here is a link that provides additional information as to what may constitute a reasonable accommodation under the ADA:http://www.eeoc.gov/policy/docs/accommodation.html
It has been my pleasure to assist you. Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time.
Kindly remember to rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the REPLY TO EXPERT or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger.
Thank you very much and all the best to you,
Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).